The Supreme Court has ruled that only substances controlled by § 802 trigger removal. In the case of Moones Mellouli, members of the Supreme Court debated under what circumstances § 1227(a)(2)(B)(i) may trigger deportation. Mellouli, a lawful permanent resident, was arrested for driving under the influence in 2010. During a post arrest search in a Kansas detention […]
In the latest of numerous small battles over the rights and future of the Dreamers, the Nebraska legislature has voted 34-10 to pass legislation granting DACA recipients the opportunity to obtain driver’s licenses. This new law, LB 623, corrects an unusual situation. Nebraska was the only state denying DACA recipients the right to obtain a […]
The Fifth Circuit has held that the preliminary injunction preventing President Obama’s DAPA and DACA from proceeding may stand until the Fifth Circuit hears the merits of that aspect of the case on July 6th. A district judge ordered the preliminary injunction because he believed the implementation of the program would produce numerous hardships on […]
The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied. This surge, as it has been called, created a need for places to house the children and lawyers to defend them. So how many of those children have actually been allowed to stay in America? And what factors […]
The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied. This surge, as it has been called, created a need for places to house the children and lawyers to defend them. So how many of those children have actually been allowed to stay in America? And what factors […]
The Department of State and U.S. Citizenship and Immigration Services (USCIS) recently established a new program to provide a safe and legal route for children living in El Salvador, Guatemala and Honduras to travel to the United States. Through the Central American Minors (CAM) Refugee/Parole Program, qualifying parents who are lawfully present in the United […]
A federal Judge in Brownsville, Texas has ordered a temporary injunction to President Obama’s executive actions on immigration. While U.S. District Judge Andrew Hanen of Texas did not rule on the specific legality of the executive action he stated that there was enough merit to warrant an injunction while the case is properly adjudicated. Last […]
In November 2014, the Secretary of Homeland Security announced two new memorandum clarifying priorities on prosecutorial discretion and enforcement priorities. These policies are to be implemented by all DHS agencies, including USCIS, when deciding which aliens to arrest, detain, and remove from the US and when and how to exercise prosecutorial discretion. What follows is […]
Huang v. Holder is an Eleventh Circuit case on appeal from a Board of Immigration Appeals (BIA) denying Huang’s application for asylum after finding that the abuse he suffered in his native country of China did not constitute religious persecution. The Eleventh Circuit vacated and remanded to the BIA because it was unclear from the […]
Do you have a bachelor’s degree or the equivalent? Will you be working in a specialty occupation? Will you be earning a wage? The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. Cap numbers are often used up very quickly, so it is important to plan in advance […]
